House committee substitute makes the following changes to the 1st edition.

Changes the act's long title.

Amends proposed GS 122C-465.1 to now prohibit any person other than an authorized medical professional from prescribing (was, prescribing or providing) hyperbaric oxygen therapy treatment to a veteran for the treatment of traumatic brain injury or posttraumatic stress disorder. Makes conforming changes.

House committee substitute makes the following changes to the 2nd edition.

Deletes the proposed changes to GS 115C-269.35(a) regarding performance standards for educator preparation programs (EPPs). Current law requires the performance standards to include proficiency and growth of students taught by educators holding an initial professional license, requiring EVAAS data to be used to measure student proficiency and growth. Now only requires EVAAS data to be used to measure student growth. Further, now requires the performance standards to include the two-year retention rate for individuals who completed an EPP and became initially licensed and employed in an NC public school. Deletes the inclusion of the quality of students entering the EPP from the information the performance standards must be based on, and instead requires this information be included in the EPP's annual performance report under subsection (b). Makes conforming changes.

Further amends GS 115C-269.35(b) regarding indicators that must be included in EPP annual performance reports. Makes several clarifying changes. In addition to existing required indicators and information, now requires the reports to include: the number of graduates of the EPP licensed in the State; the number of graduates of the EPP employed in the State; the number and percentage of students who convert from a residency license to either an initial professional license or a continuing professional license; pass rates (was, average scores) of graduates on professional, pedagogy, and content area exams for the purpose of licensure; the activities offered by the EPP designed to prepare educators to effectively teach students with disabilities and students of limited English proficiency (previously did not specify activities designed to prepare); and the retention of beginning educators in the profession for at least three years after licensure. Removes from the required reporting: the number of students retained; the amount of time required by students employed as beginning teachers under residency licenses to be issued initial professional licenses; and time to graduation rates.

Modifies proposed GS 115C-269.45, concerning the small group exception to performance assessment and assignment of sanctions, to require the State Board of Education (State Board) to adopt a rule to establish a small group exception for circumstances in which there is a risk of identifying individual program participants (was, circumstances in which disaggregation of performance data with respect to race, sex, or ethnicity is not possible due to the small number of program participants in a demographic group). Maintains the deadline of October 1, 2019, by which the State Board must adopt the rule. Now requires the State Board to apply the rule beginning with the data collected from the 2018-19 academic year for purposes of the annual reports made available to the public by December 15, 2019 (was, 2020), and annually thereafter, pursuant to GS 115C-269.50.

House committee substitute to the 1st edition makes the following changes. 

Amends GS 20-279.21(d1) further by requiring that for a claim for property damage to a motor vehicle against an insurer the policy must provide that if the difference in the claimant's and insurer's estimate of the diminution in fair market value is greater than $500 (was, $20,000 or 25%) of the fair market retail value of the vehicle before the accident as determined by the latest edition of the National Automobile Dealers Association Pricing Guide Book (removes the option of using another publication approved by the Commissioner of Insurance), then on written demand, the claimant and insurer must each select a competent and disinterested appraiser and notify the other of the selection within 20 days. Requires that the appraiser exchange appraisals within 15 days. Refusal by an appraiser to appraise the loss or exchange an appraisal with an opposing appraiser subjects the appraiser to civil penalties. Provides that an umpire's report (was, an agreement between either of the appraisers and the umpire) is binding on both the claimant and the insurer.

Changes the effective date of the act from when it becomes law to October 1, 2019.

House committee substitute to the 1st edition makes the following changes.

Amends the proposed changes to GS 143-64.12, to maintain the biennial frequency of management plan updates for each state agency and state institution of higher learning (previously proposed increase to annually). Increases the frequency of reporting utility consumption and costs of each community college from biennially to annually. Removes the requirement for the Department of Administration to develop and conduct an energy audit and procedure for conducting energy audits every five years as part of the Facilities Condition and Assessment Program. Makes conforming changes to the management plans of State agencies and institutions. Makes conforming deletion of the Department of Administration's reporting requirement regarding energy audits. Deletes the proposed increase in frequency of the report of the State Energy Office on its comprehensive program to manage utility use for state agencies and state institutions of higher learning, to now maintain the biennial frequency (previously proposed increase to annually).

Enacts GS 143-64.12A to require all state agencies and institutions of higher learning to ensure that lighting in unoccupied interior spaces and upward-directed flood lighting is turned off on the premises of all buildings owned or leased by the entities from midnight until 6:00 a.m., unless required for safety, emergency, or insurance purposes. Places compliance responsibility with the building manager or property manager of each premises.

Modifies the proposed changes to the definition of energy conservation measure as used in Part 2, Article 3B, GS Chapter 143 (Energy Saving Measures for Governmental Units) set out in GS 143-64.17. Now defines the term to mean a facility or meter alteration, training, or services related to the operation of the facility or meter, when the alteration, training, or services provide anticipated energy savings, generate revenue, or capture lost revenue (previously, eliminated the existing language for providing captured lost revenue). Now specifically includes proper building envelope (was, air) and duct sealing of all applicable areas in the building in insulating the building structure and systems. Further amends the proposed changes to the definition of energy savings as used in Part 2, to refer to both captured lost revenues and generated revenues (previously, referred to "generated revenues" rather than "captured lost revenues"). 

Changes the timelines concerning the analyses for implementing energy conservation measures. Now requires every state agency and state institution of higher learning to conduct a preliminary practicality and feasibility analysis of implementing energy conservation measures for all buildings greater than 20,000 square feet in size that have been in use for more than 10 years by October 1, 2020 (was, May 31, 2020). Now requires implementation, as specified, of the measures if they are found to be practical and economically feasible, including issuing a request for proposal (RFP) no later than April 1, 2021 (was, December 31, 2020), if the agency or institution decides to issue an RFP for a guaranteed energy savings contract for one or more buildings to achieve energy conservation measures. Now requires each state agency and state institution of higher learning to repeat the described analysis process for all buildings greater than 10,000 square feet in size and that have been in use for more than 10 years no later than October 1, 2025 (was, May 31, 2025), with RFPs issued for a guaranteed energy savings contract no later than April 1, 2026 (was, December 31, 2025). 

Eliminates the proposed repeals of Sections 4.2(a) and 4.2(b) of SL 2017-10, which repealed the annual reporting requirement of the Department of Administration on the implementation of the Sustainable Energy Efficient Building Program set out in GS 143-135.39(f) and (g) and GS 143-135.40(b).

House committee substitute to the 1st edition makes the following changes. 

Deletes the requirement that the State Board of Education (Board) adopt a policy to require local school administrative units assess teacher performance and professional growth in the manner described. 

Requires that the End-of-Grade (EOG) tests for grades three through eight be replaced with a through-grade assessment model with three interim assessments similar to NC Check-Ins in grades 3-8 three times per school year, to be administered by the specified dates (was, required administration of NC Check-Ins in those grades three time per school year). Provides for an average of the combined scores for at least two of the through-grade assessments to constitute the annual assessment for grades 3-8, which is governed by Subchapter IV of GS Chapter 115C, Educational Program. Make conforming changes to the assessment for science for grade five and eight and for reading for third grade. 

Requires that the End-of Course (EOC) tests (was, end of grade tests) for grades 9-12. Adds that for school performance grades issued based on data from the 2019-20 school year, the career readiness indicated in GS 115C-83.15(b)(2)f and GS 115C-83.16(a)(2)b.4 must not be considered in calculating school performance grades. 

Adds and modifies the effective dates in Section 3 of the act as follows. Makes the replacement of grade 9-12 EOCs with the ACT or other recognized assessment, and the changes to GS 115C-174.11(4) concerning the adoption of a nationally recognized assessment of high school achievement and college readiness, effective January 1, 2020, applicable beginning with testing administered for the 2020-21 school year. Makes the elimination of ACT WorkKeys and the repeal of GS 115C-174.25 effective when they become law, applicable beginning with the 2019-20 school year. Makes the changes to GS 115C-83.15(b)(2) and GS 115C-83.16(a)(2) effective January 1, 2021, applicable beginning with school performance grades issued based on data from the 2020-21 school year. Makes the change to GS 116-11, concerning information included on transcripts, effective July 1, 2020, applicable beginning with students entering their junior year in the 2020-21 school year. 

Enacts new GS 130A-421 to require consent from the mother before disposing of fetal remains when fetal death results from accidental injury, stillbirth, or miscarriage. Requires consent from the father if the mother is unable to give consent and the father is known and able to be contacted within seven days. Allows the fetal remains to be disposed of if neither parent is able or available to give consent. Require when fetal death results from accidental injury, stillbirth, or miscarriage, that the attending physician or individual in charge of the institution where the remains were expelled or extracted to, upon request of the mother or father, that the fetal remains be released to the mother, father, or their authorized representative for burial or cremation. Allows the attending physician or the individual in charge of the institution to dispose of the remains if neither the mother nor the father has requested the fetal remains within seven days from the time the remains were expelled or extracted. Applies to the disposition of remains on or after January 1, 2020.

Amends GS 14-415.27 to allow a person with a concealed handgun permit to carry a concealed handgun in a law enforcement facility if the person is employed by a law enforcement agency who (1) is not a law enforcement officer sworn and certified pursuant to Article 1 of GS Chapter 17C or GS Chapter 17E, (2) has been designated in writing by the head of the law enforcement agency in charge of the facility, (3) has in the person's possession written proof of the designation, and (4) has not had the designation rescinded. Applies to offenses committed on or after July 1, 2019.

Amends the definitions in GS 20-286 that apply to the motor vehicle dealers and manufacturers licensing laws by adding and defining the term special tool or essential tool.

Amends GS 20-305 to make unlawful for any manufacturer, factory branch, distributor, or distributor branch, or any field representative, officer, agent, or any representative whatsoever of any of them, to require, coerce, or attempt to coerce any new motor vehicle dealer in the state to purchase or lease computer hardware or software used for any purpose other than the maintenance or repair of motor vehicles (was, to purchase nondiagnostic computer equipment or programs). Adds that instead of purchasing or leasing any special tools that are required by a manufacturer, factory branch, distributor, or distributor branch, a dealer may share access to special tools with other dealers if the four specified conditions are met, including that the dealers have franchises with the same manufacturer, factory branch, distributor, or distributor branch, and that sharing tools will not unreasonably delay the completion of repairs. Further amends the statute by amending the definition of goods as used in the prohibition of requiring, coercing, or attempting to coerce a dealer located in this state to purchase goods or services of any nature from a vendor selected, identified, or designated by a manufacturer, distributor, affiliate, or captive finance source when the dealer may obtain goods or services of substantially similar quality and design from a vendor selected by the dealer, provided the dealer obtains prior approval from the manufacturer, distributor, affiliate, or captive finance source, for the use of the dealer's selected vendor. Provides that "goods" does not include parts as reasonably required by the manufacturer to be used in repairs under warranty obligations of a manufacturer or distributor. 

Amends the provisions of GS 20-305 that make it illegal to assign or change a franchised new motor vehicle dealer's area of responsibility under the franchise arbitrarily or without due regard to the present or projected future pattern of motor vehicle sales and registrations within the dealer's market and without having provided the affected dealer with written notice, as specified. Adds that a franchised new motor vehicle dealer who believes that it is unreasonable for a manufacturer, factory branch, distributor, or distributor branch with whom the dealer has entered into a franchise to include one or more portions of the dealer's existing area of responsibility previously unassigned to that dealer may request the elimination of the contested territory from the dealer's area of responsibility by submitting a written request. Sets out additional requirements governing the request. Allows a dealer to file a petition within 60 days of receiving notice of the manufacturer's rejection of the dealer's request to eliminate the contested territory and have an evidentiary hearing. Makes conforming changes. 

Amends the provisions of GS 20-305 that make it illegal to establish, implement, or enforce criteria for measuring the sales or service performance of any of its franchised new motor vehicle dealers in this state that (1) are unfair, unreasonable, arbitrary, or inequitable; (2) do not consider available relevant and material local, State, and regional criteria, data, and facts; relevant and material criteria, data, or facts include those of motor vehicle dealerships of comparable size in comparable markets; and (3) if such performance measurement criteria are based on a survey, the survey must be based on a statistically significant and valid random sample; no longer requires that these actions be taken for the purpose of cancelling, terminating, or nonrenewal of a franchise agreement. Makes conforming changes. Expands upon the types of decisions in which the performance criteria of the manufacture or distributor (which have been found to be faulty in one of the specified ways) may not be used as any part of the determination. Makes additional clarifying changes.

Amends GS 20-305 by making it illegal to prohibit, limit, or restrict a dealer from selling over the Internet parts and accessories obtained by the dealer from the manufacturer, factory branch, distributor, or distributor branch, or from any source recommended or approved by such entities. 

Amends GS 20-305.1 (concerning automobile dealer warranty and recall obligations) to limit conducting the following audits to only one time within a 12-month period: (1) for warranty or recall parts or service compensation, or compensation for a qualifying used motor vehicle; (2) for sales incentives, service incentives, rebates, or other forms in incentive compensation; (3) of a dealer by a manufacturer for sales or leases made to exporters or brokers. Adds that persons or entities employed or contracted by a manufacturer, factory branch, distributor, or distributor branch to conduct an audit of a dealer regulated by the statute must comply with the statue's requirements. Makes it unlawful to contract with or employ any person or other entity to conduct an audit of any motor vehicle dealer in the state regulated under the statute for which the person or entity conducting the audit would be compensated on the bases of the dollar amount, volume, or number of charge backs that would result to the dealer from the audit. 

Amends GS 20-305 to make it illegal for a motor vehicle manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof to own any ownership interest in, operate, or control any motor vehicle dealership in this state that offers motor vehicles for sale, lease, or subscription (was, any motor vehicle dealership in this state). 

Amends GS 20-305.7 to void (was, voidable at the option of the dealer) any requirement that a new motor vehicle dealer provide its customer lists, customer information, consumer contact information, transaction data, or service files to the manufacturer, factory branch, distributor, or distributor branch, or to a third party as a condition to the dealer's participation in any incentive program or contest. Amends one of the three conditions that must be met in order to avoid voiding the requirement to include that the dealer is either permitted to restrict the data fields that may be accessed in the dealers's computer system, or the dealer is allowed to provide the same data or information by furnishing the data in a widely accepted file format. Makes additional clarifying changes. Adds that it is unlawful for any manufacturer, factory branch, distributor, or distributor branch to fail or refuse to a provide dealer notice, in a standalone written document, at least 60 days before making any changes in any of the dealer or customer data the dealer is required to share. The changes in the data is void unless the applicable manufacturer, factory branch, distributor, or distributor branch complies with the notice requirements. Makes it unlawful for any manufacturer, factory branch, distributor, distributor branch, dealer management computer system vendor, or any third party with access to a dealer management computer system to (1) take any action that would prohibit or limit a dealer's ability to protect, store, copy, share, or use any customer or dealer information maintained in a dealer management computer system used by a new motor vehicle dealer located in the state and sets out an inclusive list of examples of such prohibited conduct and (2) engage in cyber ransom. Makes it illegal for any dealer management computer system vendor or other third party who has access to any dealer or management computer system to fail or refuse to (1) adopt and make available a standardized framework for the exchange, integration, and sharing of data from dealer management computer systems with any party authorized to access a dealer management computer system; (2) provide access to open application programming interfaces to any party authorized to access a dealer management computer system; (3) access, use, store, or share any data from a dealer management computer system only to the extent permitted in its written agreement with the dealer; (4) make any agreement regarding access to, sharing or selling of, copying, using, or transmitting data on any dealer management computer system terminable upon no more than 90 days' notice from the dealer; (5) upon receipt of notice of the dealer's intent to terminate its contract, work to ensure a secure transition to a successor dealer management computer system vendor or any other party authorized to access a dealer management computer system; (6) promptly provide a dealer, upon request, with a list of entities with whom it is sharing any data from the dealer management computer system, or to whom it has allowed access to any data from the dealer management computer system; and (7) allow and facilitate a dealer to audit the dealer management computer system vendor's access and use of its dealer management computer system and any data obtained or obtainable from its dealer management computer system.

Amends GS 20-308.1 to give any association comprised of at least 400 new motor vehicle dealers, or at least 10 motorcycle dealers, substantially all of whom are new motor vehicle dealers located within the state and which represents the collective interests of its members, standing to initiate an action or participate as a party to any civil or administrative proceeding in any of the courts or administrative agencies of this state. Removes the requirement of initiating mediation before the association and manufacturer, factory branch, distributor, or distributor branch brings an action. Amends when a  cognizable injury to the collective interest of the members of the association is deemed to have occurred to when a manufacturer, factory branch, distributor, or distributor branch doing business in this state engages in any conduct or takes action that has harmed or would harm or which has or would affect all or a substantial number of franchised new motor vehicle dealers in the state. 

Includes a severability clause.

 

Repeals Section 8.22 of SL 2013-360 and Section 8.3 of SL 2014-100, regarding the phase-out of certain advanced-degree-based salary supplements for teachers and instructional support personnel.

Specifies certain teachers and instructional support personnel eligible to be paid on the "M" salary schedule or receive a salary supplement for academic preparation at the six-year degree level or at the doctoral degree level for the 2019-20 school year and subsequent school years. Includes: (1) certified school nurses and instructional support personnel in positions for which a master's degree is required for licensure; (2) teachers and instructional support personnel who were paid on the schedule or received the salary supplement prior to the 2014-15 school year; (3) teachers and instructional support personnel who complete a degree at the specified degree level for which they completed at least one course prior to August 1, 2013, and would have qualified for the salary supplement pursuant to State Board of Education policy TCP-A-006, as it was in effect on June 30, 2013; (4) teachers employed in a low-performing school, a high-attrition school (as defined), or an elementary school, or as a teacher in the licensure areas of science, technology, engineering, or mathematics (STEM), special education, or English; and (5) teachers who do not otherwise qualify under the act but spend at least 70% of their work time in classroom instruction related to their graduate field or subject area of licensure with remaining time spent on mentoring teachers, performing demonstration lessons, writing curricula, and/or developing and leading staff development programs. 

Requires the Superintendent of Public Instruction to identify and provide to each local administrative unit a list of STEM and special education licensure areas that qualify for education-based salary supplements under the fourth category of teachers provided for in the act. Requires local units to make the list available to teachers.

Requires an annual determination beginning with the 2019-20 fiscal year as to whether a teacher who is paid on the "M" salary schedule under the fourth and fifth categories, described above, should be paid on the M salary schedule or receive a salary supplement. Permits removal or discontinuance if the requirements of the fourth category for eligibility are not being met.

Specifically prohibits teachers and instructional support personnel who earn an advanced degree in school administration from being paid on the "M" salary schedule or receiving a salary supplement for academic preparation unless the individual qualifies under specified provisions of the act.

Effective July 1, 2019.

Includes whereas clauses.

Appropriates $10 million in nonrecurring funds for 2019-20 from the General Fund to the Department of Natural and Cultural Resources, Division of North Carolina Aquariums, to be used as title indicates. Effective July 1, 2019.

Amends GS 115C-499.2, which sets out the eligibility requirements for scholarships for a community college or constituent institution of the UNC System, modifying the requirement that the student must meet all other eligibility requirements for the federal Pell Grant by excepting any eligibility requirements related to whether an individual is incarcerated in a State penal institution from the requirement.

Amends GS 115D-40.1, to now specify that an incarcerated individual who is not eligible for federal education assistance on the basis of the incarceration is not disqualified from receiving financial assistance under the Need-Based Assistance program or the Targeted Assistance program for community college students pursuant to the statute.

Amends GS 116-25.1, to now specify that an incarcerated individual who is not eligible for federal education assistance on the basis of the incarceration is not disqualified from receiving financial assistance under The University of North Carolina Need-Based Financial Aid Program if the individual otherwise meets the requirements of the program.

Amends GS 116-143.1, which sets out provisions for determining resident status for tuition purposes at community colleges and constituent institutions of the UNC System, to establish that an individual's incarceration in a State penal institution located in the State is prima facie evidence of the individual's legal residence in the State, and can be reinforced or rebutted by other evidence of legal residence requested of the individual. Requires an individual qualifying as a legal resident under the subsection to (1) be permitted to enroll and receive State financial assistance as a resident without meeting the 12-month durational requirement and (2) be classified as a resident for purposes of receiving the in-State tuition rate. Clarifies that the new subsection does not confer legal residency for any other purpose.

Amends GS 116-281, which sets out the eligibility requirements for Need-Based Scholarships for students attending private institutions of higher education, modifying the requirement that the student must meet all other eligibility requirements for the federal Pell Grant by excepting any eligibility requirements related to whether an individual is incarcerated in a State penal institution from the requirement.

Applies to the award of financial assistance beginning with the 2020-21 academic year.

Amends Section 8.3 of SL 2010-31, removing the provision that prohibits using funds appropriated for community college courses for prison inmates for Associate of Arts, Associate of Science, or Associate of General Education degrees. Removes the provision prohibiting courses in local jails from earning regular budget full-time equivalents; maintains the provision prohibiting the same for courses in federal prisons. Makes conforming changes to GS 115D-5, modifying the statute to require all community college course offerings approved for prisoners in local jails to be tied to clearly identified job skills, transition needs, or both (as required by existing law for course offerings approved for State prison inmates). Applies current approval provisions concerning community college course offerings which apply to courses offered to State prison inmates to those offered to prisoners in local jails. Provides that beginning with the 2019-20 academic year, community college courses offered in local jails earn regular budget full-time equivalents.

Effective July 1, 2019.

Repeals GS Chapter 115D, Article 8 (regarding Proprietary Schools), effective October 1, 2019.

Enacts new GS Chapter 115F (regarding Proprietary Schools), applicable to any person applying for an initial license or the renewal of a license for a proprietary school on or after October 1, 2019. The new Chapter is largely identical to the repealed GS Chapter 115D, Article 8, with the following exceptions.

Sets out the purpose of the new Chapter.

New term definitions are added, including distance education and license.

Changes the definition of catastrophic loss amount to increase the dollar amount in the definition from $1 million to $1.5 million. Changes the definition of fund cap amount from $1.5 million to the amount for the catastrophic loss amount plus a $5,000 reserve.

Changes the name of the State Board of Proprietary Schools to the North Carolina Board of Proprietary Schools (Board). Transfers all powers and responsibilities currently given to the State Board of Community Colleges regarding proprietary schools to the North Carolina Board of Proprietary Schools.

Requires the Board to establish the Office of Proprietary Schools. Requires the Office to use BEACON for payroll purposes for Board employees. Directs the executive director of the Office of Proprietary Schools to annually submit a written report to the North Carolina Board of Proprietary Schools and the State Board of Community Colleges, including eight specified pieces of information. Deletes the provision requiring the Executive Director to give the Board an annual projected operating budget. Authorizes the Board's Executive Director to collect fees prescribed by the Article and turn the funds over to the State Treasurer, to be credited to the appropriate Fund of the State Board and expended for the administration and enforcement of the Article. Establishes caps on the fees that may be established for initial licensure, annual renewal, and inspections. 

Directs that the physical locations of proprietary schools in separate counties constitute separate proprietary schools for the purposes of licensure.

Allows the Board to refuse to issue or renew a license, or suspend or revoke a license, for failure to pay license or renewal fees.  

Amends the bond requirements to allow the bond currently applicable to the first four license renewals to apply to the first five bond requirements, and the requirement for schools licensed for at least five continuous school years to apply to schools licensed for at least six continuous school years. Authorizes the Board to require any licensed school to increase its bond if it determines the increase is necessary to provide indemnification to a student or student's parent or legal guardian who may suffer a loss of tuition, fees, or any other instructional ­related expenses paid to the school.

Authorizes the Board or its authorized representatives to make application to superior court for an order enjoining violations of this Chapter. Authorizes the court to grant an injunction or restraining order or take any other appropriate action upon a showing of violation or impending violation, regardless of whether criminal prosecution or other actions may be instituted as a result of the violation. Authorizes the Board to assess a civil penalty of up to $1,000 for the violation of any section of this Chapter, or of Board rules implementing the chapter, to be remitted to the Civil Penalty and Forfeiture Fund. Directs the Board to establish a schedule of penalties for violations of this Chapter. Directs the Board to consider four listed factors before assessing a civil penalty under the statute. Authorizes the Board to assess the costs of enforcement actions taken under this Chapter.

Makes technical and conforming changes.

Amends GS 135-1.1 by adding that a state board charged with administering any law related to the licensing of a proprietary school subject to the State Budget Act may make an irrevocable election by October 1, 2019, to become an employer in the Teachers' and State Employees' Retirement System.

Makes conforming changes to GS 86A-­22(7), GS 88B-­17(a), GS 90-­171.55(b)(1), GS 93A-­32(2), GS 116-­15, GS 126­-5(c2)(4), and GS 135-48.1.

Requires the members serving on the State Board of Proprietary Schools as of the date this section becomes law who were appointed under GS 115D-89.1 to: (1) beginning September 1, 2019, serve in a dual capacity as members of the State Board of Proprietary Schools and as members of the North Carolina Board of Proprietary Schools until September 30, 2019; (2) beginning October 1, 2019, serve the remainder of their terms as members of the North Carolina Board of Proprietary Schools established under GS Chapter 115F; and (3) beginning October 1, 2019, assume the advisory duties and responsibilities of the State Board of Proprietary Schools under Article 8 of Chapter 115D of the General Statutes in regard to any proprietary school operating in this State under a license approved on or before October 1, 2019. 

Authorizes the North Carolina Board of Proprietary Schools to enter into an agreement with the State Board of Community Colleges to provide that the Community Colleges System Office acts as the fiscal agent for the North Carolina Board of Proprietary Schools and for the Office of Proprietary Schools for the purpose of administering the Commercial Education Fund and the Student Protection Fund, until those funds may be established in accounts with the Department of State Treasurer under the sole supervision and direction of the North Carolina Board of Proprietary Schools.

Establishes the fees for application, initial licensure, license renewal, and inspections performed of proprietary schools that are to be used until the fees are established under new GS 115C-35.

Unless otherwise indicated, effective September 1, 2019.

Makes the following changes to Article 5, Parenting Coordinator, GS Chapter 50.

Adds party to the defined terms set out in GS 50-90, defining the term to mean any person granted legal or physical custodial rights to a child in a child custody action.

Amends GS 50-91, regarding the appointment of parenting coordinators. Now authorizes the court to appoint or reappoint a parenting coordinator at any time in a child custody action involving minor children brought under Article 1, on or after entry of a custody order other than an ex parte order, or upon entry of a contempt order involving a custody issue pursuant to: (1) all parties' consent to the appointment and the scope of authority; (2) upon motion of a party requesting the appointment; or (3) upon the court's own motion (previously, did not provide for reappointment; specified during the proceedings of the action; did not provide for the court to make appointment upon motion of a party requesting appointment or upon its own motion). Further provides for the court to make specified findings that the action is a high-conflict case, the appointment is in the best interests of any minor child in the case, and that the parties are able to pay for the cost of the coordinator, in the event the parties have not consented to the appointment (previously, allowed the court to make the appointment without consent of the parties upon entry of a custody order other than an ex parte order, or upon entry of a parenting plan, only if those specified findings were made). Adds that the court does not have to find a substantial change of circumstance has occurred to appoint a parenting coordinator. Requires the appointing order to specify the terms of the appointment. Removes the requirements for the order to specifically incorporate any agreement regarding the role of the coordinator made by the parties. Also eliminates the requirement for the court to give a copy of the order to the parties prior to the appointment conference. Provides for selection of the parenting coordinator from a list maintained by the district court (previously, selection specifically by the court). Clarifies that prior to appointment, the court, the parties' attorneys, or the parties must contact the coordinator to determine if the coordinator is willing and able to accept the appointment.

Amends GS 50-92, regarding the authority of the parenting coordinator. Requires the authority to be limited to matters that will aid the parties in complying with the custody order, resolving disputes regarding issues that were not specifically addressed in the custody order, or ambiguous or conflicting terms in the custody order (previously, identify disputed issues, reduce misunderstandings, clarify priorities, explore possibilities for compromise, develop methods of collaboration in parenting, and compliance with the court's order). Now provides 20 areas which the scope of authority can, but is not limited to, including transition time, pick up, or delivery; sharing vacations and holidays; diet, clothing, extracurricular activities, and discipline. Authorizes the coordinator to decide any issue within the scope of authority, and deems the decision enforceable as an order of the court. Requires decisions to be in writing and provided to the parties and their attorneys. Deems the decision binding so long as the custody order is in effect, even after the expiration of the coordinator's term unless the coordinator or subsequent coordinator modifies the decision or the courts review and modifies the decision. Allows any party or their attorney to file a motion for the court to review a coordinator's decision. Requires the parties to comply with the decision unless the court, after a review hearing, determines the decision is not in the child's best interest or the decision exceeded the scope of authority (previously, allowed the court to authorize the coordinator to make decisions regarding implementation of the parenting plan not specifically governed by the order, binding on the parties until reviewed by the court at a hearing at the request of the coordinator or either party; did not provide specific findings the court must make in its review of the decision). Provides that the moving party or their attorney must cause a subpoena to be issued for the coordinator's attendance at the review hearing (previously, only the judge presiding over the case can subpoena the coordinator to attend and testify at the review hearing). Requires the court to determine how the coordinator's fees are to be apportioned between the parties at the conclusion of the review hearing. Further authorizes the court to review and modify the coordinator's decision after the expiration of a parenting coordinator's term (not previously provided for). Requires the coordinator to provide any financial issues related to the coordinator's decisions to the parties or their attorneys (previously, did not specify that financial issues must relate to the coordinator's decisions and limited reference to the parties' attorneys). Make further clarifying changes.

Amends GS 50-93, regarding qualifications for inclusion of the district court's list of parenting coordinators, now requiring the person to hold a master's or doctorate degree in psychology, law, social work, or counseling (removing the qualification to hold a master's degree or doctorate degree in medicine or a related area) and current North Carolina license in the coordinator's areas of practice (previously, did not specify the license must be a North Carolina license; removes the qualifying phrase of applicability). 

Amends GS 50-94, concerning the parenting coordinator appointment conference, to no longer require a conference if the coordinator's term is later extended; a subsequent coordinator is appointed in the same matter; or the parties, their attorneys, and the proposed coordinator consent to a waiver of the conference by signing the proposed appointment order. Prohibits the court from entering an appointment order or conducting a conference unless a custody order has already been entered or is simultaneously entered. Removes the requirement for the court to determine the information each party must provide to the parenting coordinator at the time of the appointment conference. Makes clarifying changes. Eliminates the provisions requiring the coordinator and any guardians ad litem to bring all necessary releases, contracts, and consents to the conference, and requiring the coordinator to schedule the first session with the parties.

Amends GS 50-95, concerning fees of the parenting coordinator, to now require the coordinator to file a fee report and request a hearing in the event of a dispute of fee or retainer payment (previously, the coordinator was not required to file a fee report, and disputes on retainers were not included). Now additionally provides for a party disputing the fees or the allocation of the fees to file a motion with the court requesting a review of the fees. Adds that the district court retains jurisdiction to resolve disputes regarding the coordinator's fees after the conclusion of the coordinator's term so long as the coordinator's fee report was filed in a timely manner. Removes the provision authorizing the court to condition the appointment upon the parties' payment of a specified fee to the coordinator, and prohibiting the coordinator from beginning any duties until the fee has been paid.

Expands GS 50-96, now allowing meeting and communications between the parties, their attorneys, or any other person with information that assists the coordinator in the coordinator's duties, to be informal and ex parte. Now requires the parties to timely execute any releases necessary to facilitate communication with any person having information that assists the coordinator in the coordinator's duties, upon request of the coordinator. Authorizes the coordinator, in the coordinator's discretion, to meet or communicate with the minor children. 

Rewrites GS 50-97, regarding reports of the parenting coordinator. Now permits the coordinator to file a report with the court regarding any of the five specified issues, including the parenting coordinator's belief that the existing custody order is not in the best interest of the child, a party's noncompliance with a decision of the coordinator or the terms of the custody order, or the parenting coordinator's request that the appointment be modified or terminated. Provides for a hearing in the event of a party's noncompliance with the coordinator's decision, the terms of the custody order, or nonpayment of the coordinator fees (previously, provided for a hearing no later than two weeks following receipt of the required report if the coordinator made noncompliance determinations). Specifies that the provisions do not prevent a party from filing its own motion regarding noncompliance with the coordinator's decision or the terms of the custody order. Now requires an expedited hearing to be granted and occur within four weeks of the filing of the report unless the coordinator requests longer or the court has already issued an order during a party to show cause why the party should not be held in contempt. Authorizes the court to issue temporary custody orders as required for a child's best interest after a hearing on the report. 

Rewrites GS 50-98, regarding parenting coordinator records, to permit the coordinator to release any records held by the coordinator to the parties or their attorneys, at the discretion of the coordinator (previously, required the coordinator to provide written summaries of development and copies of other written communications to the parties and their attorneys; also required coordinators to maintain records of each meeting, which could only be subpoenaed by the presiding judge, and were reviewable in camera and released only if the court determined the records would assist the parties with the presentation of their case at trial). Now permits any party to apply to the presiding judge for the issuance of a subpoena to compel production of the coordinator's records. Requires any party submitting the application to provide reasonable notice to the coordinator and the parties so that any objection to the release of information or the manner of release can be considered prior to the issuance of the subpoena. 

Amends GS 50-99, authorizing the court to terminate or modify the parenting coordinator's appointment upon motion of any party, upon the agreement of the parties, or by the court on its own motion, for good cause shown (previously, included upon motion of either party at the request of the coordinator). Now allows for the court to modify or terminate the coordinator's appointment upon request of the coordinator for good cause shown as set forth in GS 50-97(a)(5), as enacted. Makes organizational changes to the provisions describing good cause, and now includes in the term: (1) lack of reasonable progress (previously qualified with over a significant period of time despite the best efforts of the parties and the coordinator) and (2) the inability or unwillingness of the coordinator to continue to serve (was, the coordinator is unable or unwilling to serve). Makes clarifying changes. 

Effective October 1, 2019.

Appropriates $2 million in additional recurring funds for 2019-20 from the General Fund to the UNC Board of Governors to be allocated to NC A&T State University to support its agricultural research and cooperative extension activities by matching federal funds awarded to the University. Provides that the minimum match is $1 in nonfederal funds for every $1 in federal funds for agricultural research and extension activities approved in the plan of work submitted to the US Secretary of Agriculture. States the NCGA's intent to appropriate additional state funds as necessary to meet the minimum match for available federal funds for this program in subsequent fiscal years. Effective July 1, 2019. 

Includes whereas clauses.

Enacts new GS 14-18.4 creating the crime of death by distribution of certain controlled substances applicable in instances when (1) the person unlawfully distributed at least one certain controlled substance to the victim, (2) the ingestion of the certain controlled substance or substances caused the user's death, (3) the person's unlawful distribution of the certain controlled substance or substances was a proximate cause of the victim's death, and (4) the person did not act with malice. Punishable as a Class C felony.

A person is guilty of aggravated death by distribution of certain controlled substances if the person meets the elements of distribution of certain controlled substances described above and also has a previous conviction under this statute, GS 90-95(a)(1) (manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance), GS 90-95(e)(5) (any person 18 years of age or over who violates GS 90-95(a)(1) by selling or delivering a controlled substance to a youth in the identified age ranges or to a pregnant woman), GS 90-95.1 (engaging in a continuing criminal enterprise), GS 90-95.4 (employing or intentionally using a minor to commit a drug law violation), GS 90-95.6 (promoting drug sales by a minor), or trafficking in violation of GS 90-95; or a prior conviction in any federal or state court is substantially similar to an offense listed, within seven years of the date of the offense. Punishable as a Class B2 felony.

Defines certain controlled substances as any opium, opiate, or opioid; any synthetic or natural salt, compound, derivative, or preparation of opium, opiate, or opioid; cocaine or any other substance described in GS 90-90(1)(d); methamphetamine; a depressant described in GS 90-92(a)(1); or a mixture of one or more of these substances.

Provides that death by distribution of certain controlled substances constitutes a lesser included offense of aggravated death by distribution of certain controlled substances in violation of this statute and of murder.

Includes the General Assembly's intent.

Applies to offenses committed on or after December 1, 2019.